Committee of the Whole

1 COMMITTEE OF THE WHOLE Monday, August 10, 2015 at 7:00pm City Hall Council Chamber 109 James Street Geneva, IL 60134 Ald. Donald Cummings, Chair AGENDA 1. CALL TO ORDER 2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM JULY 27, 2015 3. ITEMS OF BUSINESS a. Consider Approval of Certificate of Completion for Lincoln Square Electric Installation b. Consider Draft Resolution Authorizing Execution of an Easement Agreement at 316 S. 7 th Street for Electric Upgrades. c. Consider Draft Resolution Declaring Surplus Property – 1991 Case Skidsteer (G80). d. Consider Draft Resolution Authorizing Transfer of Funds from the Geneva Cultural Arts Commission to the Geneva Foundation for the Arts. e. Consider Draft Resolution Requesting Waiver of Section 1-8A-2:B of the Geneva Municipal Code Regarding the Procurement of Three Price Quotations for Acquiring and/or Commissioning a Budgeted Public Art Bicycle Rack. f. Consider Ordinance No. 2015-26 Amending Title 6 (Police Regulations), Ch. 2 (Miscellaneous), Section 5 (Weapons) by adding two new subsections (6-2-5A4 and 6-2- 5C). 4. NEW BUSINESS 5. ADJOURNMENT 2 COMMITTEE OF THE WHOLE MINUTES JULY 27, 2015 PRESENT: Mayor Burns, Ald. Kilburg, Maladra, Marks, Radecki, Simonian, Seno, Singer ABSENT: Cummings, Burghart, Bruno STAFF PRESENT: Dawkins, Evans, McKittrick, Mexin, Olson, Tymoszenko 1. CALL TO ORDER Chairman Kilburg called the meeting to order at 7pm noting that Ald. Cummings, Burghart and Bruno were absent. 2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM JUNE 29, 2015, JULY 6, 2015, and JULY 13, 2015. Moved by Ald. Marks, second by Ald. Seno Ald. Seno amended the minutes of July 6 to reflect her presence at the meeting. V/V: 7-0 Motion passed as amended. 3. ITEMS OF BUSINESS a. Recommend Approval of Special Event Application for Trick or Trot 10K Run September 26, 2015. Moved by Ald. Simonian, second by Ald. Seno Organizers Paul and Mary Agnes Zellmer thanked the council for their annual support for this event. V/V: 7-0 Motion carried. b. Recommend Draft Ordinance Granting a Special Use in the OR Office Research District to Allow a Preschool/Daycare Center on the Property Located at 2423 Fargo Boulevard – Come Grow With Us Preschool/Childcare. Moved by Ald. Marks, second by Ald. Seno Owner Mir Sultan provided information on their business. V/V: 7-0 Motion carried. 3 c. Recommend Draft Ordinance Amending Title 7 (Motor Vehicles and Traffic), Section 7-4-8B Schedule VII (Limited Parking Zones) of the Geneva City Code. Moved by Ald. Simonian, second by Ald. Marks Chief Mexin provided background on the parking spaces and the need to remove the 15 minute limit due to the change in the surrounding business makeup. V/V: 7-0 Motion carried. d. Recommend Draft Ordinance Amending Title 6 (Police Regulations) Chapter 2 (Miscellaneous), Section 5 (Weapons) of the Geneva City Code. Moved by Ald. Marks, second by Ald. Simonian Mexin explained the need to update the city code based on the State’s new conceal-carry laws, as well as other minor housekeeping items within the chapter. Discussion on the section on illegal discharge of firearms in the City. A few aldermen asked about bb and pellet guns on private property. Mexin stated that this would prohibit that activity. V/V: 7-0 Motion carried. e. Recommend Draft Resolution Authorizing Declaration of Surplus Property – Police Vehicles and Other Miscellaneous Items. Moved by Ald. Marks, second by Ald. Simonian V/V: 7-0 Motion carried. f. Recommend Approval of Memorandum of Understanding Authorizing the Appointment of Alternate Board Members Representing the City of Geneva on the Tri City Ambulance Board of Directors. Moved by Ald. Marks, second by Ald. Simonian Chief Olson explained the need for an alternate board member due to low attendance at some meetings and the need to take care of business. V/V: 7-0 Motion carried. g. Recommend Draft Resolution Authorizing Declaration of Surplus Property for 1984 Pierce, Dash Pumper and 1999 Plymouth Voyager. Moved by Ald. Seno, second by Ald. Marks V/V: 7-0 Motion carried. 4 4. NEW BUSINESS 5. UPCOMING MEETINGS: Committee of the Whole – August 10, 2015 at 7pm. 6. CLOSED SESSION ON THE PURCHASE OR LEASE OF REAL PROPERTY FOR THE USE OF THE PUBLIC BODY. Moved by Ald. Marks, second by Ald. Seno Ayes: 7 Nays: 0 Motion carried. The meeting was adjourned to closed session at 7:20pm. The meeting was moved back to open session at 8:08pm on a motion by Ald. Marks, second by Ald. Seno. V/V: 7-0. Motion carried. 7. ADJOURN On a motion by Ald. Marks, second by Ald. Simonian, the meeting was adjourned by unanimous voice vote at 8:08pm. - Submitted by Recording Secretary Fornari 5 AGENDA ITEM EXECUTIVE SUMMARY Certificate of Completion for Lincoln Square for Electric Agenda Item: Presenter & Title: Hal Wright, Superintendent of Electrical Services Date: August 4, 2015 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: n/a Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Staff has inspected the electrical installation at this location and found it to be satisfactory. Issuance of the Certificate of Completion starts the one-year maintenance period. Attachments: (please list)  Certificate of Completion for Lincoln Square  Recommendation / Suggested Action: (briefly explain) Recommend acceptance of the Certificate of Completion at the August 17, 2015 City Council Meeting.  6 CITY OF GENEVA CERTIFICATE OF COMPLETION RESOLUTION Whereas, Pulte Group , Developer of Lincoln Square has entered into a contract for the construction of specific utilities, and Whereas, Rehm Electric , the Contractor, has completed the following construction within the subdivision: a. Electric Distribution System b. Street Lighting System c. d. e. f. and, whereas, the above listed construction has been inspected by the representative for the City of Geneva, and found to be satisfactory. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is considered complete as of the date of passage of this resolution, subject to the following excluding: It being understood that the normal period of maintenance and liability of the contractor commences this date as heretofore agreed. Passed this 17th day of August, 2015 Attest: City Clerk Mayor 7 AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Easement for 316 S 7th St Presenter & Title: Hal Wright, Superintendent of Electrical Services Date: July 27, 2015 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - X YES Estimated Cost: $10 Budgeted? NO If NO, please explain how the item will be funded: This item will be paid for by the homeowner as part of the cost to upgrade the service. Executive Summary: The City required an easement from the homeowner so that the City could install a new transformer at the customer’s request. Attachments: (please list)  Resolution for Easement from 316 S 7th St. Recommendation / Suggested Action: (briefly explain) Approve easement at 316 S 7th Street at the August 10, 2015 Committee of the Whole Meeting and the August 17, 2015 City Council Meeting to allow for electric service to be upgraded and maintained. 8 RESOLUTION NO. 2015-__ RESOLUTION AUTHORIZING EXECUTION OF Easement for Electric Distribution at 316 S 7th St WHEREAS, it is necessary to install certain underground electric cables; and WHEREAS, the installation of electric cables requires the procurement of an underground electric utility easement from the owner of 316 S 7th St BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, one (1) easement from 316 S 7th St.. a copy of which is attached hereto. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 17th day of August, 2015. AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this 17th day of August, 2015. Mayor ATTEST: City Clerk 9 10 11 12 13 AGENDA ITEM EXECUTIVE SUMMARY Agenda Item: Declare 1991 Case Skidsteer as Surplus Presenter & Title: Bob Van Gyseghem, Superintendent of Water and Wastewater. Date: 8/4/15 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Wastewater Plant no longer uses the 1991 Case Skidsteer. Significant repairs are needed to make the skidsteer safe to operate. Staff has decided it is not worth the expense to repair or replace the unit. Staff uses the front end loader for needed work. Attachments: (please list)  Resolution Recommendation / Suggested Action: (briefly explain) City Staff recommends the Geneva City Council declare the 1991 Case Skidsteer (G-80) as surplus. The skidsteer will be sold on IBID. 14 RESOLUTION NO. 2015_-__ RESOLUTION AUTHORIZING EXECUTION OF Surplus Declaration of 1991 Case Skidsteer BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of the City of Geneva, the declaration as surplus, in the form attached hereto as Exhibit “A”, relating to the 1991 Skidsteer of the Wastewater Department. SECTION 2: This Resolution shall become effective from and after its passage as in accordance with law. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _________, 2015 AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __ Approved by me this ____ day of __________, 2015. Mayor ATTEST: City Clerk 15 AGENDA ITEM EXECUTIVE SUMMARY Resolution requesting transfer of funds from Geneva Cultural Arts Agenda Item: Commission to Geneva Foundation for the Arts Presenter & Title: Jamie Heflin, Business Development Specialist Date: August 10, 2015 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - x YES Estimated Cost: $27,500 Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Geneva Cultural Arts Commission is requesting to transfer $27,500 to the Geneva Foundation for the Arts as an endowment for an Arts Center to be located in Geneva, Illinois. The Commission raises funds through ticket sales and sponsorships to events including fundraisers such as Dancing with the Starts and Eat Your Art Out, Steeple Walk, Shakespeare in the Park, RiverPark Concert series, and the Geneva Film Festival. The Commission started FY 15/16 with $77,925 in their budget. A primary goal of the Geneva Cultural Arts Commission is to bring an arts venue to the community, a goal the Geneva Foundation for the Arts shares. As a 501(c)3, the Foundation has more flexibility to apply for grants and other special funding that the Commission cannot. As such, it has been decided by the Commission to endow $27,500 to the Foundation for the express purpose of working towards their shared goal. The funds may be used for the planning, construction and operation of an Arts Center. Earnings may also be used to fund Public Art in Geneva. Any changes to this use will need to be approved by the Commission or its successor. Attachments: (please list)  Resolution Recommendation / Suggested Action: (briefly explain) Approval of the Resolution to transfer funds in the amount of $27,500 from the Geneva Cultural Arts Commission to the Geneva Foundation for the Arts. 16 RESOLUTION NO. 2015- A RESOLUTION REQUESTING THE TRANSFER OF FUNDS FROM THE GENEVA CULTURAL ARTS COMMISSION TO THE GENEVA FOUNDATION FOR THE ARTS WHEREAS, the City of Geneva on behalf of the Geneva Cultural Arts Commission desires to bequeath the Geneva Foundation for the Arts with an endowment of $27,500. WHEREAS, said endowment will be used to fund the planning, construction and operation of an Arts Center to be located in Geneva, Illinois. The principal may be invested with any changes to this use being approved by the Geneva Cultural Arts Commission or its successor. Now, THERFORE, BE IT RESOLVED by the City of Geneva to authorize the Geneva Cultural Arts Commission to offer an endowment of $27,500 to the Geneva Foundation for the Arts. ADOPTED this _____ day of _________, 2015, by the City of Geneva, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: Approved: __________________________________ (Mayor) Attest: _________________________________ (City Clerk) 17 AGENDA ITEM EXECUTIVE SUMMARY Resolution requesting the waiver of section 1-8A-2:B of the municipal code regarding the procurement of three price Agenda Item: quotations for acquiring and/or commissioning a budgeted public art bicycle rack. Presenter & Title: Jamie Heflin, Business Development Specialist Date: August 10, 2015 Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other - x YES Estimated Cost: Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: The Geneva Cultural Arts Commission (GCAC) is requesting City Council waive the requirement to procure at least three (3) price quotations per section 1-8A-2:B of the municipal code for a budgeted public art bicycle rack. Section 1-8A-2:B“The city department head requesting said item(s) has procured at least three (3) price quotations for the item or items to be purchased, supported by written summary, which shall be submitted to, and approved by, the city administrator before said purchase.” The GCAC feels the price quotation process for public art would be counterproductive to supporting local artists and selecting a work of art the community will be proud of. Attachments: (please list) • Resolution Recommendation / Suggested Action: (briefly explain) Approval of the Resolution requesting the waiver of bidding requirement for a budgeted public art bicycle rack. 18 RESOLUTION NO. 2015-XX A RESOLUTION REQUESTING THE WAIVER OF BIDDING REQUIREMENTS FOR PUBLIC ART BICYCLE RACK. WHEREAS, the City of Geneva on behalf of the Geneva Cultural Arts Commission desires to waive section 1-8A-2:B of the municipal code regarding the procurement of three price quotations in acquiring and/or commissioning a budgeted public art bicycle rack. Now, THERFORE, BE IT RESOLVED by the City of Geneva to authorize the waiver of the procurement of three price quotations for a budgeted public art bicycle rack. ADOPTED this _____ day of _________, 2015, by the City of Geneva, pursuant to a roll call vote as follows: AYES: ____ NAYS: ____ ABSENT: ____ ABSTAINING: _____ APPROVED this ____ day of __________, 2015. Approved: __________________________________ Mayor Attest: _________________________________ City Clerk 19 AGENDA ITEM EXECUTIVE SUMMARY Ordinance Amending Title 6 (Police Regulations), Ch. 2 Agenda Item: (Miscellaneous), Section 5 (Weapons) by adding two new subsections (6-2-5A4 and 6-2-5C). Presenter & Title: Steve Mexin, Chief of Police Date: August 3rd, 2015 Please Check Appropriate Box: Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other - YES Estimated Cost: n/a Budgeted? NO If NO, please explain how the item will be funded: Executive Summary: Two amendments to Title 6, Chapter 2, Section 5 of Geneva’s Municipal Code are being recommended. The first amendment would be to add wording in subsection A4 that recognizes the existence of the Illinois Firearms Concealed Carry Act and the exemption that creates for people who are found to be legally carrying a concealed weapon per that Act. The second amendment would be to add Subsection C that expressly prohibits the discharge of a firearm within the City. Attachments: (please list) • Draft ordinance Recommendation / Suggested Action: (briefly explain) Staff respectfully recommends the approval of the ordinance amendments referenced above. 20 ORDINANCE NO. 2015- 25 AN ORDINANCE AMENDING TITLE 6 (POLICE REGULATIONS), CHAPTER 2 (MISCELLANEOUS), SECTION 5 (WEAPONS) OF THE GENEVA CITY CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That Sections 5 (Weapons) of Chapter 2 (Miscellaneous) of Title 6 (Police Regulations ) of the Geneva City Code be amended by modifying subparagraph 6-2-5A 4 and adding 6-2-5C as set forth below:: “Section 6-2-5A 4. Carries concealed in any vehicle or concealed on or about his person (unless licensed under the Illinois Firearm Concealed Carry Act [430 ILCS 66/]), except when on his land or in his own abode or fixed place of business, any pistol, revolver or other firearm.” “Section 6-2-5C. Discharge of Firearms Prohibited. It shall be unlawful to discharge firearms or air rifles (As defined at 720 ILCS 5/24.8, as amended from time to time) in the City; provided, that this subsection shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor any person to discharge a firearm when lawfully defending his person or property, nor any person from discharging a firearm using blanks when discharged pursuant to a City approved special event.” SECTION 2: That said Title 6 of the Geneva City Code, as heretofore and hereinabove amended shall remain in full force and effect. SECTION 3: This Ordinance shall become effective from and after its passage as in accordance with law. Publication of this Ordinance is hereby approved to be in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of ____________, 2015. AYES:___ NAYS:___ ABSENT:___ ABSTAINING:___ HOLDING OFFICE: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this _____ day of ____________, 2015 ATTEST: ____________________________________ City Clerk